Illinois General Assembly - Full Text of HB2385
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Full Text of HB2385  102nd General Assembly

HB2385 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2385

 

Introduced 2/17/2021, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/9.18 new

    Amends the Environmental Protection Act. Requires the Environmental Protection Agency to conduct continuous fence line air monitoring, using air canisters, of ethylene oxide at any facility emitting ethylene oxide in a densely-populated area. Provides that the Agency shall publicly post the results of the monitoring on its website within 30 days after each sample is taken. Requires the Agency to establish fence line monitoring of ethylene oxide limits at 0.02 micrograms per cubic meter. Provides specified civil penalties for emitting facilities with different specified annual revenues. Contains other provisions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2385LRB102 12783 CPF 18122 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 9.18 as follows:
 
6    (415 ILCS 5/9.18 new)
7    Sec. 9.18. Continuous fence line monitoring; ethylene
8oxide.
9    (a) The Agency shall conduct continuous fence line air
10monitoring, using air canisters, of ethylene oxide at any
11facility emitting ethylene oxide in a densely-populated area.
12The Agency shall publicly post the results of the monitoring
13on its website within 30 days after each sample is taken.
14    (b) The Agency shall utilize the results under subsection
15(a) to determine if facilities emitting ethylene oxide are in
16compliance with statutory limits, including Section 9.16,
17regarding ethylene oxide pollution.
18    (c) The Agency shall establish fence line monitoring of
19ethylene oxide limits at 0.02 micrograms per cubic meter (0.02
20µg/m³). If fence line monitoring under subsection (a) shows
21ethylene oxide levels higher than 0.02 micrograms per cubic
22meter (0.02 µg/m³) for any period of 5 or more days during a
2330-day period, the emitting facility is subject to a civil

 

 

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1penalty under subsection (d).
2    (d) Civil penalties under this Act shall be in the
3following amounts for the following number of violations:
4        (1) Civil penalties for emitting facilities with over
5    $5,000,000,000 in annual revenue shall be:
6            (A) for a first violation, $500,000;
7            (B) for a second violation, $1,000,000;
8            (C) for a third violation, $5,000,000;
9            (D) for a fourth violation, $10,000,000;
10            (E) for a fifth violation, $50,000,000; and
11            (F) for a sixth or subsequent violation,
12        $100,000,000.
13        (2) Civil penalties for emitting facilities with over
14    $1,000,000,000 and up to$5,000,000,000 in annual revenue
15    shall be:
16            (A) for a first violation, $250,000;
17            (B) for a second violation, $500,000;
18            (C) for a third violation, $1,000,000;
19            (D) for a fourth violation, $5,000,000;
20            (E) for a fifth violation, $10,000,000; and
21            (F) for a sixth or subsequent violation,
22        $20,000,000.
23        (3) Civil penalties for emitting facilities with
24    between $500,000,000 and$1,000,000,000 in annual revenue
25    shall be:
26            (A) for the first violation, $25,000;

 

 

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1            (B) for a second violation, $50,000;
2            (C) for a third violation, $100,000;
3            (D) for a fourth violation, $250,000;
4            (E) for a fifth violation, $500,000; and
5            (F) for a sixth or subsequent violation,
6        $1,000,000.